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HomeMy WebLinkAboutC-255 LakewoodDULY ENTERED FOR TAXATION Subject to final acceptance for transfer . ~---~ day of /d,~ o ,20 o9 ,~o,~,~ ~ Auditor of Hamilton County Parcel # 200300120163 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 11-26-2003 At 08:42 am. ANNEXATION 25.00 Sponsor(s): Councilors Koven, Snyder and Wilson ORDINANCE NO. C-255 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ANNEXING CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATION BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, well defined long term planning benefits the City of Carmel ("City") and the community at large; and WHEREAS, in recognizing the need and benefit of long term planning, the Common Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of Clay Township into the City of Carmel (the "Annexation Territory"); and WHEREAS, the Annexation Territory is contiguous to the existing.qity limits of the City of Carmel; and WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Annexation Territory cottsists of approximately 30.42 acres; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near further; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to annexed areas; and Sponsor(s): Councilors Koven, Snyder and Wilson WHEREAS, prior to the publication and issuance of notice of public hearing, this Council, by resolution, will adopt a written fiscal plan and definite policy for the provision of services of both a non~capital and capital nature to the Annexation Territory; and WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a noncapital nature to the Annexation Territory within one year after the effective date of this annexation in a manner equivalent in standard and scope to those noncapital services provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density; and WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a capital nature to the Annexation Territory within three years after the effective date of this annexation in the same manner those services are provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria and consisted with the annexation policy previously adopted by this Council; and WHEREAS, prior to the final adoption of this Ordinance, the Council will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, the Council finds that the annexation of the Annexation Territory pursuant to the terms of this Ordinance is fair and equitable and should be accomplished. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, as follows: The above recitals are incorporated herein by reference as though fully set forth herein below. In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 3. The Annexation Territory is assigned to Carmel Common Council District No. 5. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentences and words of this Ordinance are separable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication and recordation as is required by law. Sponsor(s): Councilors Koven, Snyder and Wilson PASSED by thc Common Council o£ thc City of Carmel, Indiana, this COMMON COUNCIL OF THE CITY OF CARMEL ATTEST: Diana L. CordrayfIA_~ Clerk-Treasurer Sponsor(s): Councilors Koven, Snyder and Wilson Presented by me to the Mayor o£ the City of Carmel, Indiana this [(~ %ay of /~ , 2003, at /~:~/?.M. d Diana L. Cordray,~AMC, Clerk-Treasurer _ .. Apli~oved at/~.M. by me, Mayor of the City of Carmel, Indiana, this i~a~y~of~003, ATTEST: _ xx //Diana L. Cordray, L~C, Clerk-Treasurer Prepared by: 769081 Sue A. Beesley Bingham McHale LLP 10 W. Market Street Suite 2600 Indianapohs, IN 46204 Z ...J ..J N'q EXHIBIT B LEGAL DESCRIPTION ANNEXATION ORDINANCE C-255 LAKEWOOD GARDENS Sponsor(s): Councilors Koven, Snyder and Wilson Part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: BEGINNING at the northeast comer of said Northeast Quarter of the Southeast Quarter of Section 7, Township 17 North, Range 4 East, said point also being the northeast comer of the Lakewood Gardens subdivision; Thence South 89 degrees 23 minutes 20 seconds West on and along the north line of the Northeast Quarter of the Southeast Quarter of said Section 7, said line also being the north line of the Lakewood Gardens subdivision and the south line of the Shadybrook subdivision, a distance of 1,155.14 feet to a point located on the East Limited Access Right of Way line of Keystone Avenue (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 169); Thence southerly along the east right of way line of Keystone Avenue a distance of 200.0 feet to a point on the East Limited Access Right of Way line of Keystone Avenue (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C50); Thence south on and along said east line right of way Iine a distance of 237 feet to highway station 409 + 00, 87 feet east of the centerline of said Keystone Avenue (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C50); Thence southerly on and along said east right of way line 100.05 feet to highway station 408 + 00, 90 feet east of said centerline of Keystone Avenue (coincident with the corporate Ih'mits of the City of Carmel via Annexation Ordinance C50); Thence south on and along'said east right of way line 500 feet to ingh~vay station 403 + 00, 90 feet east of said centerline of Keystone Avenue (coincident ~vith the corporate limits of the City of Carmel via Annexation Ordinance C50); Thence South 39 degrees 21 minutes 40 seconds East on and along the north right of way line of East 98t~ Street, said line also being the south line of the Lakewood Gardens subdivision, a distance of 93.86 feet measured, 95.12 feet plat (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 120); Thence South 89 degrees 54 minutes 44 seconds East on and along the north right of way line of East 98th Street, said line also being the south line of the Lakewood Gardens subdivision, a distance of 138.95 feet measured, 138.4 feet plat (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C120); Thence South 73 degrees 20 minutes 03 seconds East on and along the north right of way line of East 98th Street, said line also being the south line of the Lakewood Gardens subdivision, a distance of 52.20 feet (coincident ~vith the corporate limits of the City of Carmel via Annexation Ordinance C120); Thence North 89 degrees 58 minutes 00 seconds East on and along the north right of way line of East 98t~ Street, said line also being the south line of the Lakewood Gardens subdivision, a distance of 17.22 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 120); Sponsor(s): Councilors Koven, Snyder and Wilson Thence South 79 degrees 23 minutes 30 seconds East on and along the north right of way line of East 98th Street, said line also being the south line of the Lakewood Gardens subdivision, a distance of 406.17 measured, 407.27 plat (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 120), Thence North 89 degrees 58 minutes 00 seconds East on and along the north right of way line of East 98~ Street, said line also being the south line of the Lakewood Gardens subdivision, a distance of 484.85 to a point on the east line of the Southeast Quarter of said Section 7, said point also being the southeast comer of the Lakewood Gardens subdivision (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 120); Thence North 00 degrees 22 minutes 00 seconds East on and along the east line of the Southeast Quarter of said Section 7, said line also being the east hne of the Lakewood Gardens subdivision and the west line of the Briar Creek subdivision, a distance of !,205.00 feet to the PLACE OF BEGINNING containing 30.42 acres more or less, subject to all legal easements and right of way of record. ALSO: This annexation includes the following parcels: Lakewood Gardens (48) 17-14-07-04-02-001.000 17-14-07-04-02-002.000 17 - 14-07-04-02-003.000 17-14-07-04-02-004.000 17-14-07-04-02-005.000 17-14-07-04-03-001.000 17-14-07-04-03-002.000 17-14-07-04-03-003.000 17-14-07-04-03-004.000 17-14-07-04-03 -005.000 17-14-07-04-04-001.000 17-14-07-04-04-002.000 17-14-07-04-04-003.000 17-14-07-04-04-004.000 !7-14-07-04-04-005.000 17-14-07-04-05-001.000 17-14-07-04-05-002.000 17-14-07-04-05-003.000 17-14-07-04-05 -004.000 17-14-07-04-05-005.000 17-14-07-04-02-006.000 17-14-07-04-02-007.000 17-14-07-04-02-008.000 17-14-07-04-02-009.000 17-14-07-04-02-010.000 17-14-07-04-03-006.000 17-14-07-04-03-007.000 17-14-07-04-03 -008.000 17-14-07-04-03-009.000 17-14-07-04-03-010.000 17-14-07-04-04-006.000 17-14-07-04-04-007.000 17-14-07-04-04-008.000 17-14-07-04-05-006.000 17-14-07-04-05-007.000 17-14-07-04-05-008.000 17-14-07-04-05-009.000 17-14-07-04-05 -010.000 17-14-07-04-03-011.000 17-14-07-04-03-012.000 17-14-07-04-03-013.000 17-14-07-04-03-014.000 17-I4-07-04-03-015.000 17-14-07-04-05-011.000 17-14-07-04-05-012.000 17-14-07-04-03.016.000 17-14-07-04~03-017.000 17-14-07-04-03-018.000 The following right of way is included in this annexation: Subdivision Streets · Central Court · Chester Road · Lakewood Drive East · Lakewood Drive North · Lakewood Drive West Perimeter Streets · No Perimeter Streets being annexed. Sponsor(s): Councilors Koven, Snyder and Wilson